Articles

The following articles are published by OBA Sections, including the Student Section. Members are encouraged to submit articles.

Editor: Cláudio Antônio Klaus Júnior 

Today
Today

Court of Appeal Summaries (November 23 - November 27, 2020)

  • November 30, 2020
  • John Polyzogopoulos

There were only two civil decisions of any length released by the Court of Appeal this past week. However, in J.M.J. Family Trust v. Simcoe Block (1979) Limited, we are reminded that a debtor’s liability for “reasonable” legal fees incurred by a creditor enforcing a commercial agreement is not the same thing as liability for costs under the costs regime of the Rules.

Civil Litigation, Student Forum

Right to Post? The Intersection of Professional Regulation, Social Media, and Freedom of Expression

  • November 26, 2020
  • Patricia Harper

This article examines a recent appeal of a professional regulation decision before the Court of Appeal of Saskatchewan, Strom v Saskatchewan Registered Nurses’ Association. This decision is noteworthy not only as a high-profile post-Vavilov decision in the context of professional regulation, but also as an illustration of the potential conflict between the regulation of a professional's "off-duty" conduct and the professional's right to freedom of expression under the Charter.

Administrative Law, Student Forum

Electronic Transformation

  • November 24, 2020
  • Hart Kaminker, principal at Kaminker & Associates

An overview of the electronic transformation of areas of immigration practice since the onset of the COVID-19 pandemic, especially at the Immigration Tribunals and the Federal Court where electronic communication was almost non-existent and where these changes will continue past the end of the pandemic

Citizenship and Immigration Law, Student Forum

Federal Court Considers OIC

  • November 24, 2020
  • Hart Kaminker, principal of Kaminker & Associates

In Monsanto v. Minister of Health and MPSEP the Federal Court considered the quarantine OIC. The Court's decision provides a glimpse into how the Court will assess OICs and weighing the public interest against individual interests

Citizenship and Immigration Law, Student Forum
Sarah Nasrullah

Canada’s New Federal Privacy Bill

  • November 23, 2020
  • Sarah Nasrullah

Earlier this week, Minister Bains (Minister of the Innovation, Science and Economic Development) tabled Bill C-11, the Digital Charter Implementation Act, 2020. Part I will enact the Consumer Privacy Protection Act (CPPA or the Act) and repeal Part I of PIPEDA. Part II will enact the Personal Information and Data Protection Tribunal Act (PIDPTA). Here are a few key highlights.

Privacy Law, Student Forum